An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 24 October 2014. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation. Contact us here for more information on how we may be able to assist you. Please note that the information in the tables below is correct as at the date of the posting but is subject to change. Please check the Commonwealth Courts portal for the current status of any of the cases below.
Intellectual Property Cases Commenced
| File No. | Applicant(s) | Respondent(s) | Type | Details |
| VID631/2014 | NSL Engineering Pte Ltd | Australian Mobile Mining Equipment Systems and Accessories Pty Limited & Anor | Patent | First Directions Hearing set for 4 December 2014 |
| SYG2941/2014 | Hamish Crawford | Tony Clifton & Anor | Copyright | First Court Date set for 5 December 2014 |
| NSD1080/2014 | Brand Developers Aust Pty Ltd | BDirect.com.au Pty Ltd & Ors | Infringement | Scheduling Conference set for 4 December 2014 |
| VID626/2014 | Joel Beling | Sixty International S.A. and Anor | Trade Mark | First Directions Hearing set for 21 November 2014 |
| NSD1092/2014 | Snack Foods Limited & Anor | Griffin’s Foods Limited | Trade Mark | First Directions Hearing set for 13 November 2014 |
| VID618/2014 | Murray Goulburn Co-Operative Co Limited | The Devondale Apple Juice Company Pty Ltd | Trade Marks | First Directions Hearing set for 24 October 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development | |
| NSD1124/2009 | Generic Health Pty Ltd | Wyeth | Patents | 20 October 2014Administrative Listing Adjourned – Pre- Hearing Views orders here Directions Hearing set for 15 December 2014 | |
| NSD596/2009 | Alphapharm Pty Ltd | Wyeth | Patents | 20 October 2014Administrative Listing Adjourned – Pre- Hearing Views orders here Directions Hearing set for 15 December 2014 | |
| SYG228/2014 | Beechwood Homes (NSW) Pty Ltd | Christian Enrique Ortiz & Ors | Copyright | 20 October 2014Directions Finalised – Dismissed View orders here | |
| VID195/2009 | Sigma Pharmaceuticals (Australia) Pty Ltd | Wyeth | Patents | 20 October 2014Administrative Listing Adjourned – Pre- Hearing Views orders here Directions Hearing set for 15 December 2014 | |
| VID269/2014 | Dealer Support Services Pty Ltd | Motor Trades Association of Australia Ltd | Trade Mark | 20 October 2014Administrative Listing Adjourned – Pre- Hearing View orders here Directions & Interlocutory Hearing set for 3 November 2014 | |
| NSD2456/2013 | Orion Corporation & Ors | Actavis Pty Ltd & Anor | Patents | 21 October 2014Administrative Listing Adjourned – Pre- Hearing View orders here Directions Hearing set for 27 February 2015 | |
| WAD242/2013 | Interactive Internet Services Pty Ltd | CMS Software House Pty Ltd | Copyright | 21 October 2014Administrative Listing Adjourned – Pre- Hearing View orders here Directions Hearing set for 4 December 2104 | |
| NSD149/2014 | Anchorage Capital Partners Pty Limited | ACPA Pty Ltd & Anor | Trade Marks | 22 October 2014Directions Adjourned – Pre- Hearing View orders here Directions and Interlocutory Hearing set for 30 October 2014 | |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 22 October 2014Administrative Listing Adjourned – Pre- Hearing View orders here Directions Hearing set for 21 November 2014 | |
| NSD339/2014 | Janette Gail Francis | Allen & Unwin Pty Limited & Ors | Copyright | 22 October 2014Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 11 December 2014 | |
| SYG2008/2014 | Darren Lamont | Malishus | Trade Marks | 22 October 2014Directions Adjourned – Pre- Hearing View orders here Directions set for 19 November 2014 | |
| VID270/2013 | Rodolfo Antonio Gomez | Colin Bruce Rawson & Ors | Patents | 22 October 2014Return of Subpoena Adjourned – Pre- Hearing View orders here Interlocutory Hearing set for 29 October 2014 | |
| VID41/2014 | Truong Giang Corporation | Tung Mau Quach (also known as “John Guach”) & Ors | Trade Marks | 22 October 2014Return of Subpoena Adjourned – Pre- Heairng View orders here Directions Hearing set for 31 October 2014 | |
| NSD2124/2013 | Virgin Enterprises Limited | Agripower Australia Limited | Appeal | 23 October 2014Administrative Listing Adjourned – Pre- Hearing View orders here Directions Hearing set for 14 November 2014 | |
| NSD48/2013 | Gilead Sciences Pty Limited | Idenix (Cayman) Ltd & Ors | Patents | 23 October 2014Directions & Interlocutory Hearing Adjourned – Pre- Hearing View orders here Directions Hearing set for 5 November 2014 | |
| NSD51/2012 | Apotex Pty Ltd | Les Laboratoires Servier | Patents | 23 October 2014Administrative Listing Adjourned – Final Hearing concluded, Awaiting submissions View orders here Interlocutory Hearing set for 27 October 2014 | |
| QUD139/2012 | Leica Geosystems Pty Ltd & Ors | Andrew Koudstaal & Anor | Copyright | 23 October 2014Judgement Finalised – Granted/ Allowed View orders here View judgement here | |
| SAD99/2012 | Lifeplan Australia Friendly Society Ltd | Noel Woff & ors | Copyright | 23 October 2014Return of Subpoena Adjourned – Pre- Hearing View orders here Directions Hearing set for 29 October 2014 | |
| WAD407/2012 | Blueport Nominees Pty Ltd | Sewerage Management Services Pty Ltd & Anor | Patents | 23 October 2013Administrative Listing Adjourned – Pre- Hearing View orders here Hearing set for 2 February 2015 | |
| QUD114/2014 | Motorcycle Aftermarket Spares Pty Ltd | Tamworth Cycle Tune Pty Ltd & Ors | Copyright | 24 October 2014Mention Hearing Adjourned – For Hearing View orders here | |
| VID418/2011 | Bob Jane Corporation Pty Ltd | ACN 149 801 141 Pty Ltd | Trade Marks | 24 October 2014Interlocutory Hearing Adjourned – Pre- Hearing View orders here | |
| VID520/2014 | The Devondale Apple Juice Company Pty Ltd ` | Murray Goulburn Co-Operative Co Limited | Trade Marks | 24 October 2014Scheduling Conference Adjourned – Pre- Hearing View orders here Hearing set for 20 April 2015 | |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome | |
| NSD1017/2014 | Samsung Electronics Australia Pty Ltd | Tom Gimblett | Trade Marks | 23 October 2014First Directions Finalised – Discontinued/ Withdrawn View orders here | |